Smith v. Canaveral Port Authority

Full title: ROBERT E. SMITH, D/B/A K S FUEL SERVICE, APPELLANT, v. CANAVERAL PORT…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 23, 1977

345 So. 2d 357 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-226.

April 7, 1977. Rehearing Denied May 23, 1977.

Appeal from Circuit Court, Brevard County; Tom Waddell, Jr., Judge.

Andrew A. Graham and Charles Holcomb, Moss Holcomb, Cocoa, for appellant.

Edward M. Jackson, Cocoa, for appellees.

PER CURIAM.

Affirmed upon the authority of Panama City v. Seven Seas Restaurant, Inc., 180 So.2d 190 (Fla. 1st DCA 1965), and Miami Beach Airline Service, Inc. v. Crandon, 159 Fla. 504, 32 So.2d 153, 155 (1947).

AFFIRMED.

CROSS, J., and JOANOS, JAMES E., Associate Judge, concur.

MAGER, C.J., dissents, with opinion.

MAGER, Judge, dissenting:

The action of the appellee is contrary to and inconsistent with those general principles set forth by the Supreme Court in Barrow v. Holland, 125 So.2d 749 (Fla. 1960), and accordingly the judgment under review should be reversed.